Haberstroh v. Haberstroh

258 N.W.2d 669, 1977 N.D. LEXIS 168
CourtNorth Dakota Supreme Court
DecidedOctober 12, 1977
DocketCiv. 9353
StatusPublished
Cited by18 cases

This text of 258 N.W.2d 669 (Haberstroh v. Haberstroh) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haberstroh v. Haberstroh, 258 N.W.2d 669, 1977 N.D. LEXIS 168 (N.D. 1977).

Opinions

PAULSON, Judge.

This is an appeal by the plaintiff, Edith Haberstroh [hereinafter Edith], from the judgment of the Cass County District Court entered on January 25,1977, in which judgment the court granted a divorce to Edith from the defendant, Gerald Haberstroh [hereinafter Gerald], on the ground of Gerald’s extreme cruelty, and granted a divorce to Gerald from Edith on the ground of Edith’s habitual intemperance. The court also awarded Gerald custody of their five minor children; awarded Edith alimony, medical payments, and attorneys’ fees; and made a division of the property. Edith appeals from that portion of the judgment in which the court divided the property and awarded Edith alimony and attorneys’ fees.

Gerald and Edith were married in North Dakota on February 24,1958, at which time they were both seventeen years old, and Edith was pregnant with their first child. They commenced their marriage with very little property or finances. Edith completed the first half of her junior year in high school prior to her marriage to Gerald, and she has acquired no additional formal education. Gerald, after marrying Edith, graduated from high school. For a short time Gerald and Edith lived in Fargo, where Edith was employed as a waitress, while Gerald attended Hanson Trade School. Thereafter, they moved to a farm near Rol-la, where Gerald has continued to farm successfully ever since.

Gerald and Edith have five children whose names and ages at the time of the trial were as follows: Kirk, age 17; Michael, age 16; Terry, age 14; Chad, age 13; and Lori, age 9. All five children, as of the trial date, were living on the Rolla farm. Although Edith requested custody of their daughter, Lori, the trial court awarded custody of all of the children, including Lori, to Gerald, and Edith did not appeal the trial court’s decision in this regard.

During the course of their marriage, Gerald was continuously preoccupied with managing the farm operation, and Edith testified she felt like a neglected maid. Commencing in the early years of the marriage, Edith would leave the young children with neighbors or friends and absent herself from the farm, without Gerald’s knowledge or consent, for a day at a time or longer. This would occur as often as two or three times every two weeks. Edith testified that she would leave home to visit relatives, and she also conceded that on some occasions she went curling and stayed late or overnight drinking beer. When Edith returned home from these absences, Gerald pleaded with her to desist from leaving the home and the children but his pleadings were to no avail. Gerald would sometimes lose his temper as a result of Edith’s repeated absences from home. Gerald conceded that on twenty or thirty occasions during their marriage he physically assaulted and verbally abused Edith.

During the later years of the marriage, Edith developed a drinking problem which was aggravated by her emotional upset as the result of an automobile accident in which their son, Kirk, was seriously injured. This drinking problem of Edith’s culminated in her being hospitalized twice — once in October of 1973, and again in November of [671]*6711974 — with a diagnosis of depressive neurosis, schizoid personality, and schizophrenia with some paranoid features. Edith has also been diagnosed by her doctors as having cirrhosis of the liver. Her psychiatrist, Dr. Jerome P. Hager, N.D., testified, through his deposition, that Edith will need continued psychiatric care as well as physical treatment in the future. He further testified that as a long-term treatment program, Edith should join Alcoholics Anonymous; obtain a part-time job to keep herself occupied; and, as part of such long-term treatment, Edith should also receive some financial payments to supplement her income and to provide her with financial security. Dr. Hager also testified that Edith could not manage a large amount of money and that any financial award to Edith should be on a monthly basis and “monitored so that she does not spend money unnecessarily”. This testimony was not refuted.

Edith has resided in Fargo since her first hospitalization in October of 1973. Prior to the divorce, she made a few brief visits to the Rolla farm, but she refused to return to live with Gerald. Edith accepted a job in a Fargo bar, and met a male friend while working there. In December of 1975 this male friend of Edith’s moved from his Fargo apartment and commenced living with his parents in order that Edith could reside in his apartment. He visited Edith almost daily, staying late at night, and, on occasion, he stayed there overnight. Nevertheless, Edith and her male friend both deny that they have ever had sexual relations. Since January of 1974 Gerald has sent Edith $400.00 per month for her living expenses in Fargo.

Gerald’s net worth, accumulated subsequent to his marriage to Edith, as a result of his successful farming operations, ranges between $325,000.00 and $482,000.00, according to the evidence admitted at the trial.

Gerald has an ownership interest in 1540 acres of farmland of which approximately 1000 acres are tillable. Gerald and Edith own 160 of these 1540 acres in joint tenancy, which 160-acre tract is unencumbered. In 1976 Gerald purchased 920 of these 1540 acres on a contract for deed at an acquisition cost of $200,000.00. He acquired 160 of these 920 acres at an acquisition cost of $48,000.00, on which he made a downpayment of $13,920.00, and he will make monthly payments of $1,704.00, plus 7% interest on the unpaid balance until the $48,-000.00 is fully paid. He acquired 760 of these 920 acres at an acquisition cost of $152,000.00, on which he made a downpayment of $44,080.00, and he will make annual payments of $5,396.00, plus 7% interest on the unpaid balance until the $152,000.00 is fully paid. Gerald borrowed $50,000.00 from a bank to make the downpayments on the 920-acre land acquisitions, and he pledged, as security for the loan, all of his certificates of deposit, held both in his name and in the names of those members of his immediate family, in the amount of $48,-800.58 plus accumulated interest. Gerald has also rented, over the past years, twenty-one quarters of land on a crop-share basis. The house and other farm buildings are situated on the rented land. Gerald has an extensive line of farm machinery and equipment which he estimated to be worth $139,600.00. Gerald also has $2,400.00 in a cheeking account.

Gerald’s annual adjusted gross income during the later years of the marriage was as follows: $46,027.00 in 1973; $88,794.00 in 1974; and $77,581.00 in 1975. However, Gerald testified that he anticipated he would incur a net loss in 1976. Gerald estimated his unpaid farming expenses for the 1976 crop season (including fuel, seed, repairs, and custom combining) would be approximately $12,800.00. Gerald’s only other unpaid debt is in the amount of $8,254.13 owed to Commodity Credit Corporation. Gerald also estimated that his expenses to plant the 1977 crop would be approximately $50,000.00.

The trial court divided the property between Gerald and Edith as follows:

1. The quarter section of land in Towner County shall remain in the names of Gerald and Edith as joint tenants, [672]*672and the net income derived therefrom shall be divided equally between Edith and Gerald;
2. Edith 'shall have the 1973 Mercury automobile;
3. The certificate of deposit in the sum of $2,304.58 held in the joint names of Edith and Gerald shall be divided equally between them;
4.

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Haberstroh v. Haberstroh
258 N.W.2d 669 (North Dakota Supreme Court, 1977)

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Bluebook (online)
258 N.W.2d 669, 1977 N.D. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haberstroh-v-haberstroh-nd-1977.